When money is already tight, the cost to start a bankruptcy case can feel like one more impossible bill. The Chapter 7 court filing fee is a real cost, but paying it all at once is not the only path in every case. Some individual filers can ask for a payment plan, and some can ask the court to waive the fee.
This guide explains the federal filing fee, the difference between instalments and a waiver, and the practical questions to settle before filing. It is general education, not legal advice for your case. Local court rules and a person’s financial details can change the answer, so check the court for your district and speak with a qualified attorney for advice about your own situation.
What is the Chapter 7 filing fee?
The current fee to file a voluntary Chapter 7 bankruptcy case is $338. That total includes the statutory filing fee, an administrative fee, and the trustee surcharge. The judiciary’s bankruptcy fee schedule is the best starting point for confirming current federal amounts, because court fees can change.
The filing fee is only one part of the financial picture. Depending on the case, a person may also have costs for required credit counselling and debtor education, copies, travel, legal advice, or other local requirements. Do not assume that a court fee waiver covers every possible expense. It is specifically about the qualifying court fee.
Before you make a plan around any number, visit the website for the bankruptcy court where you expect to file. Each court explains its accepted payment methods, filing instructions, local forms, and any local timing rules. A method accepted in one district, such as an online payment or a cashier’s check, may not be the method another court uses.
Three ways the filing fee may be handled
For an individual Chapter 7 filer, there are usually three broad possibilities: pay the fee in full when filing, ask to pay it in instalments, or ask the court to waive it. The right choice depends on what you can honestly afford and what the court approves.
1. Pay the fee in full
Paying the fee in full is the simplest route when it is affordable. The court’s local instructions will tell you which payment methods are accepted. Keep any receipt or confirmation with the rest of your filing records. If you are gathering documents now, the Chapter 7 forms preparation guide can help you see the broader paperwork picture before you start.
2. Ask to pay in instalments
If you cannot pay the whole amount at filing, you may be able to ask for instalments. This is a request, not an automatic payment plan. Individual debtors use Official Form 103A, Application for Individuals to Pay the Filing Fee in Instalments, and the court decides whether to approve the schedule.
The official instructions say that, in most cases, the full amount must be paid within 120 days after filing. Your court may set more specific deadlines or a different structure within the rules that apply. Read the order carefully once the court responds, then treat each due date as seriously as any other court deadline. Missing an approved payment can put the case at risk.
3. Ask for a fee waiver
A fee waiver is more limited. Federal law allows a court to waive the Chapter 7 filing fee for an individual when the court finds that the person’s income is below 150 percent of the applicable poverty guideline for the family size involved and that the person cannot pay the fee in instalments. The legal rule appears in 28 U.S.C. § 1930(f).
To request a waiver, use Official Form 103B, Application to Have the Chapter 7 Filing Fee Waived. The application asks for financial information. A judge can grant the request, deny it, ask for more information, or require payment in full or in instalments. Applying is not the same as receiving approval.
How instalments and a fee waiver are different
It is easy to mix up these two options because both begin with a request to the court. They solve different problems.
- Instalments: you are asking to pay the filing fee over time. You still owe the full amount if the court approves the request.
- Fee waiver: you are asking the court not to require the Chapter 7 filing fee because you meet the financial standard and cannot pay even in instalments.
- Both require court action: do not assume a request was granted just because you submitted the form.
- Local procedures still matter: the forms are federal, but filing methods, payment options, and practical instructions vary by district.
If you believe you may qualify for a waiver, read Form 103B slowly and use current information. The form’s instructions explain that the court looks at combined monthly family income and whether instalment payments are affordable. Guessing, leaving out income, or relying on an old poverty-guideline chart can create problems. If the question is not clear, legal advice is safer than trying to fill the gap with internet advice.
What to gather before you decide
A few organised records make it easier to see which option may fit and make any application more accurate. Start with the documents that show what comes in, what must go out, and what you already owe.
- Income records. Gather recent pay stubs, benefit statements, pension information, unemployment records, or other proof of household income.
- A simple monthly budget. List rent or mortgage, utilities, food, transportation, insurance, child care, medical costs, and other necessary expenses.
- Your household information. Family size matters for the fee-waiver standard. Do not borrow someone else’s definition of household without checking the form and, when needed, getting advice.
- Your court district. Confirm the court where you will file, then read its current payment and filing instructions.
- Your full filing plan. A filing fee is only one deadline in a Chapter 7 case. Make sure you understand the forms, required courses, documents, and timing before you submit a petition.
This preparation is useful even if you ultimately choose attorney help. A lawyer can give more specific advice when they can see an accurate snapshot of your income, expenses, debts, assets, and deadlines. If you are still deciding whether Chapter 7 fits, start with the plain-language Chapter 7 and Chapter 13 comparison, then move to individual advice for the facts that affect your case.
If the court does not grant the request
A denied waiver request does not answer every question about your case, and it does not mean you should ignore the court’s response. Read the order promptly. Depending on the reason for the decision and the court’s instructions, you may need to pay the fee in full, ask for an instalment plan, provide information the court requested, or get legal advice about what the order means for your filing.
Do not assume that a payment you can make today will be enough or that a deadline can be moved informally. Keep a copy of the order, note every due date, and use the payment method the court directs. If a health issue, job loss, housing emergency, or other problem changes what you can pay, that is a reason to get advice quickly, not a reason to stop reading the notices.
It can also be helpful to separate the court-fee question from the bigger decision about filing. Chapter 7 can affect property, collections, co-signers, income, and future financial choices. The self-filed Chapter 7 guide explains the broader filing process, but a person with a complicated case should speak with an attorney before treating a fee decision as the only decision that matters.
Common mistakes to avoid
Filing because a deadline feels urgent can make shortcuts look tempting. The fee question is important, but it should not push you into a filing plan that is incomplete or based on assumptions.
- Do not treat a waiver as guaranteed. The judge decides whether the legal requirements are met.
- Do not use an old fee amount. Confirm the current amount and court instructions before filing.
- Do not skip an instalment after approval. A payment schedule is a court-approved obligation, not a casual arrangement.
- Do not confuse the filing fee with every bankruptcy cost. A waiver does not automatically cover legal fees, required courses, or case-specific expenses.
- Do not make a case decision based on the fee alone. Eligibility, property, income, prior filings, deadlines, and local rules may all matter more to the outcome.
People considering a self-filed case should also understand the income test. The Chapter 7 means test guide explains its general role, but it does not replace advice about how the rules apply to your household or property.
A practical next-step checklist
If the filing fee is the immediate concern, use this short checklist before you submit anything:
- Find the bankruptcy court for your district and confirm its current fee and payment instructions.
- Decide whether you can pay the full fee without creating a larger problem with essential bills.
- If not, read Official Form 103A and the court’s local instalment guidance.
- If you believe you cannot pay even in instalments, read Official Form 103B and confirm the current poverty-guideline information.
- Gather honest, current records before filling out either request.
- Get legal advice if you are unsure about your eligibility, your property, a deadline, or what to submit.
How Bankruptcy Pilot can help
Bankruptcy Pilot helps people get a clearer view of their options and organise their next steps. It is not a law firm and cannot tell you whether a fee waiver, instalment request, or Chapter 7 filing is right for your specific case. For a self-guided filing path, see how Petition Pilot works. If your situation needs individual legal advice, use the attorney-support path to start a conversation with an independent bankruptcy attorney.
Frequently asked questions
How much is the Chapter 7 filing fee?
The current federal Chapter 7 filing fee is $338. Court fees can change, so confirm the current amount and accepted payment methods with the bankruptcy court where you expect to file before submitting a petition.
Can I pay the Chapter 7 filing fee in instalments?
An individual who cannot pay the full fee at filing may ask the court to approve instalment payments using Official Form 103A. The court decides the timetable, and the full fee is generally due within 120 days of filing.
Who can request a Chapter 7 fee waiver?
An individual Chapter 7 filer may request a waiver using Official Form 103B when household income is below 150 percent of the applicable poverty guideline and the person cannot afford to pay the fee in instalments. A judge decides whether to grant the request.
Does a fee waiver cover an attorney's fee?
No. A court filing-fee waiver concerns the court fee. It does not decide attorney fees, credit-counselling costs, required course costs, or other expenses that may apply in a case.
Bankruptcy Pilot and Petition Pilot are not law firms and do not provide legal advice. This guide is for general educational purposes. Bankruptcy outcomes and local procedures vary, so consult a licensed attorney for advice about your situation.